2011 No. 699 (W.106)
The Visits to Former Looked After Children in Detention (Wales) Regulations 2011
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in exercise of the powers conferred by sections 23ZA(1)(b), (3) and (4), 104(4) and 104A of the Children Act 19891, make the following Regulations.
Title, commencement and application1
1
The title of these Regulations is the Visits to Former Looked After Children in Detention (Wales) Regulations 2011 and they come into force on 1 April 2011.
2
These Regulations apply in relation to Wales.
Interpretation2
1
In these Regulations—
“the 1989 Act” (“Deddf 1989”) means the Children Act 1989;
“A” (“A”) means a child who was looked after by a local authority but has ceased to be looked after2 by it as a result of the circumstances prescribed in regulation 3;
“R” (“R”) means the representative of the responsible authority who is appointed to visit A in accordance with the arrangements made by it under section 23ZA of the 1989 Act;
“institution” (“sefydliad”) means a young offender institution, a secure training centre or a secure children’s home;
“relevant youth offending team case manager” (“rheolwr achos tîm troseddau ieuenctid perthnasol”) means the person within the responsible local authority’s youth offending team3 who is managing A’s case;
“responsible local authority” (“awdurdod lleol cyfrifol”) means the local authority which looked after A immediately prior to A being detained;
“secure children’s home” (“cartref diogel i blant”) means a children’s home used for the purpose of restricting liberty, in respect of which a person is registered under Part II of the Care Standards Act 20004; and
“working day” (“diwrnod gwaith”) means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a Bank Holiday within the meaning of the Banking and Financial Dealings Act 19715.
2
These Regulations do not apply to a child who is a relevant child for the purposes of section 23A of the 1989 Act6.
Circumstances prescribed for the purposes of section 23ZA of the 1989 Act3
The circumstances prescribed for the purposes of section 23ZA(1)(b) of the 1989 Act7 are that the child is detained pursuant to an order of a court in—
a
a young offender institution8,
b
a secure training centre9, or
c
a secure children’s home.
Frequency of visits4
1
The responsible local authority must ensure that its representative (“R”) visits A—
a
within ten working days of A first being detained, in so far as is reasonably practicable; and
b
thereafter whenever reasonably requested to do so by—
i
A,
ii
a member of the staff of the institution where A is detained,
iii
any parent of, or any other person with parental responsibility for A, or
iv
the relevant youth offending team case manager.
2
The responsible local authority may arrange for R to make additional visits to A, having regard to any recommendation made by R in accordance with regulation 6(1)(b).
Conduct of visits5
On each visit, R must speak to A in private unless—
a
A, being of sufficient age and understanding to do so, refuses,
b
R considers it inappropriate to do so, having regard to A’s age and understanding, or
c
R is unable to do so.
Reports of visits6
1
R must provide a written report of each visit which must include—
a
R’s assessment, having regard to A’s wishes and feelings, as to whether A’s welfare is being adequately safeguarded and promoted whilst in detention,
b
R’s recommendations as to the timing and frequency of any further visits by R,
c
any other arrangements which R considers should be put in place with a view to promoting contact between A and A’s family or in order to safeguard and promote A’s welfare,
d
R’s assessment as to how A’s welfare should be adequately safeguarded and promoted following release from detention, in particular—
i
whether A will need to be provided with accommodation on release by the responsible local authority or another local authority, and
ii
whether any other services should be provided by the responsible local authority or another local authority in the exercise of their duties under the 1989 Act.
2
R must, in making any assessment under paragraph (1), unless it is not reasonably practicable to do so or it is not consistent with A’s welfare, take into account the views of—
a
any parent of, or any other person with parental responsibility for, A, and
b
the appropriate members of staff of the institution where A is detained.
3
The responsible local authority must give a copy of the report to—
a
A, unless it would not be appropriate to do so,
b
a person falling within paragraph (2)(a), unless to do so would not be in A’s best interests,
c
the governor, director or registered manager10 of the institution where A is being detained,
d
the relevant youth offending team case manager,
e
where different from the responsible local authority, the local authority in whose area A is detained, and
f
any other person whom the responsible local authority considers should be given a copy of the report having regard to R’s assessment.
Advice, support and assistance7
When making arrangements in accordance with section 23ZA(2)(b) of the 1989 Act for appropriate advice, support and assistance to be available to A, the responsible local authority must ensure that—
a
the arrangements—
i
are appropriate having regard to A’s age and understanding, and
ii
give due consideration to A’s religious persuasion, racial origin, cultural and linguistic background and to any disability A may have, and
b
so far as is reasonably practicable having regard to A’s age and understanding, A knows how to seek appropriate advice, support and assistance from it as the responsible local authority.
(This note is not part of the Regulations)